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Wednesday, June 12, 2013

RCA Issues Clarification of Its Position on reporting Abuse - Kolko case & Rav Belsky

Posted on 8:49 AM by Unknown
Update: The RCA acknowledges it is bothered by the fact that Rav Belsky's position on the Kolko case is inconsistent with the official position of the RCA. However they allow him to deviate in the Kolko case - because he claims he has investigated the matter and knows Kolko to be innocent.

It fails to explain on what basis Rav Belsky has come to conclusion that Koko is innocent - despite the president of the RCA writing me that, "Concerning the Kolko case, Rabbi Belsky made it clear, based upon his involvement in the case, that he believes the defendant to be innocent of the charges and that the accusers are actually the guilty parties. He is convinced of this position, in spite of what seems to be overwhelming evidence to the contrary."

The RCA clarification also fails to deal with the fact that Rav Belsky has done much more than simply cling to the belief in Kolko's innocence "despite overwhelming evidence to the contrary."  1) There is no basis in Jewish law for calling someone a moser if he received a psak that it is obligated to go to the police. In this case he received a written psak from   Rav Moshe Sternbuch that he was obligated to report the abuse [update and correction]   [ 2) Rav Belsky not only has proclaimed Kolko innocent but he accused the victim's father of sexual abusing his own son and said that the victims's father reported Kolko to the police only to avoid being blamed himself. This astounding slander - which has no basis in fact - does not seem to bother the RCA - why not? Rabbi Goldin claims - contrary to the obvious translation of Rav Belsky's defamatory letter that "Rabbi Belsky did not accuse the father of abuse-but rather of rishus. He claims that the allegations were trumped up and that Kolko was framed and forced to accept a plea deal". Even if Rabbi Goldin's reading is accepted - Rav Belsky has presented no evidence to justify this slander. Why does the RCA allow Rav Belsky to continue to slander a great talmid chachom without any apparent justification?

In sum - How can the RCA make this "clarification" without addressing the elephant in the room of Rav Belsky obscene public slander of the father of the victim?
====================================
RCA   Jun 12, 2013 -- The RCA remains steadfast in combating and condemning all forms of abuse. We are encouraged by the process that led to the guilty plea of Yosef Kolko, an Orthodox Jew who pleaded guilty for the sexual molestation of a young boy. For many years the RCA has condemned the efforts of many parts of the Jewish community to cover up or ignore allegations of abuse, viewing these efforts as against Jewish law, illegal, and irresponsible to the welfare of victims and the greater community. The RCA strongly advocates, as a matter of Jewish law, the reporting of reasonable suspicions of all forms of child abuse to the civil authorities and full cooperation with the criminal justice system. The RCA decries any invocation of Jewish law or communal interests as tools in silencing victims or witnesses from reporting abuse or from receiving therapeutic and communal support.

Rabbi Shmuel Goldin, President of the RCA, and Rabbi Mark Dratch, Executive Vice President of the RCA, concerned with the reported position of Rabbi Yisrael Belsky in the Kolko case met with Rabbi Belsky. Rabbi Belsky stated that based upon his knowledge of the case, which he explained at length, he deeply believes in Kolko’s innocence. When asked for clarification of his opinion concerning the reporting of suspicions of abuse in general, Rabbi Belsky informed us that he favors the reporting of credible suspicions of abuse directly to the civil authorities without the need to seek prior rabbinic permission. Upon our request, Rabbi Belsky recorded this position in writing in a letter sent to us and publicized a week after our meeting. Many feel that this is a significant achievement.

The RCA appreciates that this distinguished scholar has gone on record with this position, a position that echoes the RCA’s longstanding policy. We are confident that this statement will be helpful to many victims in the future. Nevertheless, due to the facts of the Kolko case as we understand them, the RCA disagrees with Rabbi Belsky’s defense of this admitted perpetrator. We pledge to work toward the time when all victims of abuse will find strength, healing, and justice with the support of their communities, its members, and its leaders.
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